Mont. Code Ann. » TITLE 61. MOTOR VEHICLES · CHAPTER 9. VEHICLE EQUIPMENT · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 61-9-109 (2026)

Driving Vehicle In Unsafe Condition Prohibited -- Applicability Of Chapter

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 61
  3. CHAPTER 9
  4. Part 1
  5. 61-9-109 Driving vehicle in unsafe condition prohibited -- applicability of chapter

TITLE 61. MOTOR VEHICLES

CHAPTER 9. VEHICLE EQUIPMENT

Part 1. General Provisions

Driving Vehicle In Unsafe Condition Prohibited -- Applicability Of Chapter

61-9-109. Driving vehicle in unsafe condition prohibited -- applicability of chapter. (1) It is a misdemeanor for a person to drive or permit to be driven on a highway a vehicle or combination of vehicles that:

(a) is in such unsafe condition as to endanger a person;

(b) is not equipped with lamps and other equipment as required in this chapter; or

(c) is equipped in a manner in violation of this chapter.

(2) It is a misdemeanor for a person to perform an act forbidden or fail to perform an act required under this chapter.

(3) The use of additional parts and accessories on a vehicle not inconsistent with the provisions of this chapter is not prohibited.

(4) The provisions of this chapter do not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as made applicable in this chapter.

(5) All lamps and equipment required by this chapter must be maintained in proper working order and adjustment at all times.

(6) (a) Except as provided in subsection (6)(b) and subject to subsection (6)(c), the provisions of this chapter apply to the operation of a motorcycle or quadricycle only when the motorcycle or quadricycle is being operated on a paved highway. A person operating a motorcycle or quadricycle on an unpaved highway shall operate the motorcycle or quadricycle in a reasonable and prudent manner.

(b) Except as provided in subsection (6)(c), the requirements of 61-9-417 and 61-9-418(2)(c) apply to the operation of a motorcycle or quadricycle at all times specified in those sections.

(c) The provisions of this chapter do not apply to the operation and equipping of a quadricycle that is being operated for agricultural purposes on an unpaved highway or on a paved highway that is not an interstate highway as defined in 60-1-103.

History: En. Sec. 111, Ch. 263, L. 1955; R.C.M. 1947, 32-21-114; amd. Sec. 5, Ch. 431, L. 1997; amd. Sec. 4, Ch. 434, L. 2017; amd. Sec. 34, Ch. 299, L. 2019.

Notes of Decisions
Cited in 4 cases, 2000–2013 · leading case: State v. Kaufman, 2002 MT 294, 59 P.3d 1166.
Sort: Relevance Newest Treatment
State v. Kaufman, 2002 MT 294, 59 P.3d 1166. · cites it 15× “” Although the State raised § 61-9-109(5), MCA, as a possible justification for the stop in its argument, the District Court did not cite this code section in its decision and Officer Toth testified that improper functioning of the brake lights was the focus of his concern that…”
State v. Farabee, 2000 MT 265, 22 P.3d 175. · cites it 3× “” Section 61-9-109, MCA, provides: (1) It is a misdemeanor for a person to drive or permit to be driven on a highway a vehicle or combination of vehicles that: (b) is not equipped with lamps and other equipment as required in this chapter .”
State v. Kaufman, 2002 MT 294. · cites it 7× “” Although the State raised § 61-9-109(5), MCA, as a possible justification for the stop in its argument, the District Court did not cite this code section in its decision and Officer Toth testified that improper functioning of the brake lights was the focus of his concern that…”
State v. Chapman, 2013 MT 95N. · cites it 2× “The Justice Court denied the motion on May 9, finding that Lee had reasonable suspicion to stop Chapman’s 2 vehicle based on violations of §§ 61-9-109 and -203, MCA, which require a vehicle to have two operable headlamps at all times.”
Mont. Code Ann. § 61-9-109(5): 2 cases
State v. Kaufman, 2002 MT 294, 59 P.3d 1166. “” Although the State raised § 61-9-109(5), MCA, as a possible justification for the stop in its argument, the District Court did not cite this code section in its decision and Officer Toth testified that improper functioning of the brake lights was the focus of his concern that…”
State v. Kaufman, 2002 MT 294. “” Although the State raised § 61-9-109(5), MCA, as a possible justification for the stop in its argument, the District Court did not cite this code section in its decision and Officer Toth testified that improper functioning of the brake lights was the focus of his concern that…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.